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Patna High Court

Ramji Ram @ Ramaji RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that an unexecuted agreement to commit a crime does not itself constitute an offence and therefore granted conditional pre‑arrest bail pending mediation.

Summary

Ramji Ram applied for pre‑arrest bail after being implicated in a FIR (Kateya P.S. Case No. 252 of 2025) for allegedly issuing a false employment letter and taking Rs 5,50,000 from the informant’s son, offences charged under Sections 318(4), 338, 336(3), 336(4), 340(1) and 340(2) of the Bihar Negotiable Act. Both the petitioner and the informant admitted the money exchange and expressed willingness to settle the dispute amicably through mediation. The High Court, relying on the Supreme Court’s decision in Deepak Kumar Shrivas v. State of Chhattisgarh, held that an agreement to commit a crime, which fails to materialise, does not itself constitute an offence. Consequently, the Court directed the matter be referred to the District Mediation Centre, granted interim protection to the petitioner, and ordered that pre‑arrest bail be released subject to conditions set by the District Court. The interim protection will lapse if the petitioner fails to appear before the stipulated date, and the application was thereafter disposed.

Issues considered

  • What is the appropriate grant of pre‑arrest bail in a case involving alleged fraud and false employment letter under the specified sections of the Bihar Negotiable Act?
  • Does an agreement to commit an offence, which remains unexecuted, constitute a criminal offence warranting denial of bail?

Subjects

  • pre‑arrest bail
  • false employment letter
  • fraud
  • mediation
  • criminal procedure
  • Bihar Negotiable Act
  • settlement
  • interim protection

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2775 of 2026
                      Arising Out of PS. Case No.-252 Year-2025 Thana- KATEYA District- Gopalganj
                 ======================================================
                 Ramji Ram @ Ramaji Ram, aged about 44 years, Male, S/O Late Harihar
                 Ram R/O Vill.- Dube Belwa (Belwa Dube), P.S.- Kateya, District-Gopalganj

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Satyendra Rai, Advocate
                 For the Opposite Party/s :       Mr.Madhura Nand Jha, APP
                 For the informant        :       Mr. Abhishek Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

5   01-04-2026                    Heard Mr. Satyendra Rai, learned counsel appearing

                   on behalf of the petitioner; Mr. Madhura Nand Jha, learned APP

                   for the State and Mr. Abhishek Singh, learned counsel for the

                   informant.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Kateya P.S. Case No. 252 of 2025 registered for the

                   offence(s) punishable under Sections 318(4), 338, 336(3),

                   336(4), 340(1) and 340(2) of the BNS.

                                 3. As per the allegations made in the FIR, the

                   petitioner is accused of providing a false employment letter

                   under the pretext of securing a job for the informant’s son. In

                   this regard, the petitioner            allegedly took a total sum of

                   Rs.5,50,000/- and thereafter he has not returned the said amount
Patna High Court CR. MISC. No.2775 of 2026(5) dt.01-04-2026
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          to the informant.

                        4. Learned counsel appearing on behalf of the

          petitioner and the informant jointly submitted that a sum of

          Rs.5,50,000/- was exchanged between the parties. Both parties

          acknowledge that in light of the allegations made in the FIR, the

          said arrangement may be considered void as being immoral in

          nature. In these circumstances, the parties to buy peace of mind

          have expressed their willingness to sit together and resolve the

          dispute amicably outside the Court.

                       5. Learned counsel appearing on behalf of the

          respective parties, on instruction, submitted that the petitioner

          and informant have agreed to appear before the learned District

          Court at 10:30 A.M. on or before 08.04.2026, so that the matter

          can be referred to the District Mediation Centre.

                       6. Heard the parties.

                       7. This court finds that if two persons agreed to

          commit an act which is an offence in eye of law and the

          agreement failed because the crime could not be committed, it

          cannot be said that it constitutes an offence when the agreement

          itself was an offence. Law in this regard is well settled by the

          Apex Court in the case of Deepak Kumar Shrivas and Anr. vs.

          State of Chhattisgarh and Ors. reported in (2024) 3 SCC 601 in
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          para nos. 15 and 16 which are as under:

                                               “15. A reading of the entire material on
                                  record clearly reflects that it was totally an unlawful
                                  contract between the parties where money was
                                  being paid for securing a job in the government
                                  department(s) or private sector. Apparently, a suit
                                  for recovery could not have been filed for the said
                                  purpose and even if it could be filed, it could be
                                  difficult to establish the same where the payment
                                  was entirely in cash. Therefore, Respondent 6 found
                                  out a better medium to recover the said amount by
                                  building pressure on the appellant and his brother
                                  by lodging the FIR. Under the threat of criminal
                                  prosecution, maybe the appellant would have tried
                                  to sort out and settle the dispute by shelving out
                                  some money.
                                               16. In conclusion, certain key
                                  observations from the factual matrix warrant a
                                  closer reflection. Prima facie, the conduct exhibited
                                  by the parties involved appears tainted with
                                  suspicion, casting a shadow over the veracity of
                                  their claims. The report from the previous inquiry
                                  reflects a convoluted landscape and unveils a trail
                                  of unethical, maybe even criminal behaviour from
                                  both parties. The unexplained inordinate delay in
                                  bringing these allegations to the police's attention
                                  despite knowledge of previous inquiry, raises even
                                  more doubts and adds a layer of scepticism to the
                                  authenticity of the claims. The facts stated, as well
                                  as the prior inquiry, reveal a shared culpability
                                  between the parties, indicative of a complex web of
                                  deceit, and unethical transactions where even civil
                                  remedies may not be sustainable. Thus, the object of
                                  this dispute, manifestly rife with mala fide intentions
                                  of only recovering the tainted money by coercion
                                  and threat of criminal proceedings, cannot be
                                  allowed to proceed further and exploit the time and
                                  resources of the law enforcement agency.”

                       8. Learned District Court is directed to take necessary

          steps to refer the matter before the learned Mediator of the

          District Mediation Center by fixing a date for appearance of the

          parties to give effect to “Mediation for the Nation 2.0.”

                       9. Thereafter, learned Mediator of the District
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          Mediation Center concerned shall make his/her best efforts to

          settle the dispute amicably, also taking into account the law laid

          down by the Apex Court in case of Deepak Kumar Shrivas

          (supra) and submit his/her report before the concerned learned

          District Court, well within a period of three months, till then, no

          coercive action shall be taken against the petitioner              in

          connection with the aforesaid case.

                       10. In case, the parties resolve their dispute amicably

          or arrive at a mutual settlement, in light of the law laid down by

          the Apex Court as referredabove, the petitioner is required to be

          released on pre-arrest bail on such terms and conditions as the

          learned District Court deems it fit and proper.

                       11. In case of failure on the part of the petitioner to

          appear on or before 08.04.2026 before the learned District Court

          or any date fixed by the learned Mediator, the interim protection

          granted to the petitioner shall automatically lose its force.

                       12.     In case, it is deliberate on the part of the

          informant to reconcile, then in that case, the interim protection

          granted to the petitioner shall continue and the trial shall

          proceed in accordance with law.

                       13. In case, the parties fail to reconcile, then in that

          case, parties may avail appropriate remedy. Then also, petitioner
           Patna High Court CR. MISC. No.2775 of 2026(5) dt.01-04-2026
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                     is directed to be released on pre-arrest bail on such terms and

                     conditions as the learned District Court deems it fit and proper.

                                  12.    With aforesaid direction and observation, the

                     present application stands disposed of.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


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